The fastest you can get a divorce is from sixty one days from the date it was filed, depending on the circumstances. That is the length of time it takes if you have an uncontested divorce. An uncontested divorce is when the parties agree to all of the terms of a divorce. Many people think they have an agreement on all of the terms of their divorce but actually do not.
We can file a divorce, enter into a binding agreement on all of the terms of a divorce but the divorce cannot be finalized until 60 days after the date of the filing of a divorce. The first trial setting in Harris County is usually about eight months after a case is filed. Before a trial, most courts require that you attend a mediation. It is very important to get the right mediator for your circumstances.
When we file a case, we usually request a temporary order hearing. That hearing is set by the court about 30 days after a case is filed. If we need a restraining order, we file and get a restraining order and we serve the papers on the opposing party about two weeks after we file our case telling them that they have a court hearing in about two weeks. If all the parties show up at the hearing, my goal is to get the parties together properly and work on an agreement.
Many times, I’m able to resolve cases within 30 days. If not, the next stage of a case with a custody battle is when an amicus attorney is appointed. It’s basically hiring another attorney who is going to be appointed to be unbiased and represent the children.
The other part of a custody case is discovery. Discovery is where you send questions to the other side and you ask for production of documents. It is very time consuming and very expensive. You want to avoid discovery, if you can. Another discovery option is depositions, where you hire a court reporter and you ask questions and go through every detail of their life in the custody case. It is all recorded and it costs a lot of money. I do everything I can to make it more affordable to get the results that my clients want. I can work within a budget and help make it more affordable for people to have an attorney.
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